Section 39(1) in The Orissa Grama Panchayats Act, 1964
(1)The [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall declare the election of a returned candidate void, if he is of the opinion-(a)that on the date of his election the candidate was not qualified or was disqualified to be elected under the provisions of this Act or the rules made thereunder ; or(b)that any corrupt practice has been committed by the candidate; or(c)that any nomination paper has been improperly rejected or accepted; or(d)that such person was declared to be elected by reason of the improper rejection or admission of one or more votes for any other reason was not duly elected by a majority of lawful votes; or(e)that there has been any non-compliance with or breach of any of the provisions of this Act or of the rules made thereunder :Provided that in relation to matters covered by Clause (a) the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall have due regard to the decision, if any, made under Section 26 before making a declaration under this section.
